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Land Use Ordinance - June 2008 - City of Vineland

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<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

preliminary approval. The provisions shall include, but are not necessarily limited to, the<br />

following:<br />

(a) The homeowners’ association must be established before the sale <strong>of</strong> any residential<br />

unit.<br />

(b) Membership shall be mandatory for each buyer and any successive buyer.<br />

(c) The open space restrictions shall be permanent.<br />

(d) The association shall be responsible for liability insurance, local taxes, and the<br />

maintenance and replacement <strong>of</strong> recreational and other facilities.<br />

(e) Homeowners shall pay their pro rata share <strong>of</strong> the cost; the assessment levied by the<br />

association can become a lien on the property if allowed in the master deed<br />

establishing the homeowners’ association.<br />

(f) The association must be able to adjust the assessment to meet changed needs.<br />

(12) Maintenance <strong>of</strong> open space areas. In the event that a non-municipal organization with<br />

the responsibility for the common open space fails to maintain it in reasonable order and<br />

condition, then the <strong>City</strong> Council, in accordance with N.J.S.A. 40:55D-43, may correct such<br />

deficiencies and assess the cost <strong>of</strong> maintenance against the properties within the development.<br />

(13) <strong>Use</strong> and improvement <strong>of</strong> common open space for active recreation. The Planning Board<br />

may require the installation <strong>of</strong> recreational facilities suitable to the development, such as<br />

playgrounds, playfields, parks or similar outdoor recreation facilities, on the common open<br />

space,. Such facilities shall be conveniently located and accessible to all dwelling units and<br />

should follow the following guidelines:<br />

(a) One active recreation area should be provided for each 300 persons or 75 children <strong>of</strong><br />

projected population. Such areas should not be less than four acres.<br />

(b) For developments <strong>of</strong> more than 300 persons, active recreation or park space should be<br />

provided at the rate <strong>of</strong> 10.25 acres per 1,000 population.<br />

A-38

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